Utah Will and Trust Laws: Witnesses, Holographic and E-Wills (2026)

In Utah, an individual who is 18 or older and has testamentary capacity may make a will (Utah Code 75-2-501), and an ordinary attested will must be in writing, signed by the testator (or in the testator's name by another person in the testator's conscious presence and by the testator's direction) and signed by at least two witnesses, each within a reasonable time after witnessing the signing or the testator's acknowledgment (75-2-502(1)). No notary is needed for the will to be valid; a notary or other officer authorized to administer oaths is used only if the will is made self-proved (75-2-504). Revocable living trusts are governed by Utah's Uniform Trust Code, which now sits in Title 75B, Chapter 2 of the Utah Code.

Utah also recognizes two routes that many states do not: a holographic will whose signature and material portions are in the testator's handwriting (75-2-502(2)), and, since August 31, 2020, an electronic will that the witnesses may sign in the testator's electronic presence (75-2-1405). How those rules compare with other states is covered on the wills and trusts laws by state hub.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah statutes on making, signing, changing and revoking wills (Utah Code Title 75, Chapter 2, Parts 3, 5, 8 and 14) and on revocable living trusts (Utah's Uniform Trust Code, Title 75B, Chapter 2, plus the 2026 electronic estate planning documents chapter, Title 75, Chapter 13). It does not cover what happens when someone dies without a will or how estate administration works (see Utah probate), small-estate procedures (see the Utah small estate affidavit page), powers of attorney (see Utah power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Utah advance directive tool.

What makes a will valid in Utah?

Who may make a will: age and testamentary capacity

Section 75-2-501(1) sets two conditions: an individual may make a will if the individual "(a) is 18 years old or older; and (b) has testamentary capacity at the time that the will is executed."

A 2025 amendment (Chapter 338, 2025 General Session, effective May 7, 2025) wrote a definition of testamentary capacity into the section. Under 75-2-501(2), a testator has testamentary capacity if the testator:

• "can identify the testator's family members or other individuals in the testator's life";
• "understands the testator's relationship to" those individuals;
• "understands the nature and extent of the testator's property"; and
• "can form a plan in the testator's mind for the disposition of the testator's property."

Two more subsections follow. Under 75-2-501(3), a testator "is not required to have any knowledge or understanding of the laws of inheritance by intestate succession." Under 75-2-501(4), "There is a rebuttable presumption that testamentary capacity exists at the time that a will was executed even if the testator is subject to a guardianship or conservatorship or is otherwise unable to independently manage the testator's affairs." A rebuttable presumption is a starting point that evidence can overcome.

The writing, signature and witness rule

Section 75-2-502(1) sets the requirements for an ordinary attested will:

"(1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be: (a) in writing; (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) signed by at least two individuals, each of whom signed within a reasonable time after he witnessed either the signing of the will as described in Subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will." (Utah Code 75-2-502(1))

Three practical points come straight from that text:

• Two witnesses. At least two individuals must sign as witnesses.
• What each witness must see. Each witness must have witnessed either the testator's signing, the testator's acknowledgment of the signature, or the testator's acknowledgment of the will.
• When each witness signs. Each witness signs "within a reasonable time after" witnessing. Subsection (1)(c) ties each witness's signature to what that witness saw; it does not add a requirement that the witnesses sign in each other's presence.

Section 75-2-502 contains no notary requirement. A notary enters the picture only through the self-proving procedure described below.

Who may witness

Under 75-2-505, "(1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it." A beneficiary who signs as a witness therefore does not lose the gift under this section.

Wills signed in another state or country

Utah gives effect to wills that were valid where they were made or where the testator lived. Under 75-2-506, "A written will is valid if executed in compliance with Section 75-2-502 or 75-2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national."

A separate list for personal items

A Utah will may point to a separate signed list for tangible personal property. Under 75-2-513, "a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money." To be admissible, "the writing shall be signed by the testator and shall describe the items and the devisees with reasonable certainty." Money cannot pass this way.

Does a Utah will need to be notarized? The self-proving option

No. Notarization is not part of the section 75-2-502 signing rule. It is used to make a will self-proved under 75-2-504, which lets the will's execution be shown through sworn statements made when the will is signed (or later) rather than through later witness testimony.

Section 75-2-504 gives two routes:

• At signing. Under 75-2-504(1), "A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs, whether or not that officer is also a witness to the will, and evidenced by the officer's certificate, under official seal."
• Later. Under 75-2-504(2), "An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses."

Section 75-2-504 sets out the wording of the acknowledgment and affidavits itself; this page does not reproduce it. One more rule protects the will if the paperwork is mixed up: under 75-2-504(3), "A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution."

Utah's notary law makes a specific exception for wills. A notary ordinarily may not notarize a document the notary signs or is named in, but Utah Code 46-1-7 excepts "a self-proved will as provided in Section 75-2-504" and "a self-proved electronic will as provided in Section 75-2-1408" from both disqualifications.

Are handwritten (holographic) wills valid in Utah?

Yes. Section 75-2-502(2) provides: "A will that does not comply with Subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting."

Two conditions matter: the signature must be in the testator's handwriting, and so must the material portions of the document. A document that is typed except for the signature does not fit that description. Under 75-2-502(3), the testator's intent that the document be a will "can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting." The section does not require a holographic will to be dated.

Are oral (nuncupative) wills valid in Utah?

No. Section 75-2-502(1) requires a will to be "in writing," and each exception it lists concerns a written document: the holographic rule in subsection (2), the harmless-error rule in 75-2-503 (a "document or writing"), the choice-of-law rule in 75-2-506 (a "written will") and the tangible-property list in 75-2-513 (a "written statement or list"). Part 5 of the probate code contains no provision for an oral will.

Electronic wills and electronic presence

The Uniform Electronic Wills Act (2020)

Utah enacted the Uniform Electronic Wills Act as Part 14 of Title 75, Chapter 2: "This part is known as the 'Uniform Electronic Wills Act.'" (75-2-1401). It was enacted by Chapter 1 of the 2020 Sixth Special Session and took effect August 31, 2020. Part 14 applies to the will of a decedent who dies on or after that effective date (75-2-1411).

Under 75-2-1405(1), an electronic will must be:

1. "a record that is readable as text at the time of signing";
2. signed by the testator, or in the testator's name by another individual in the testator's conscious presence and by the testator's direction; and
3. "signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing: (i) the signing of the will under Subsection (1)(b); or (ii) the testator's acknowledgment of the signing of the will under Subsection (1)(b) or the testator's acknowledgment of the will."

What "electronic presence" means

Section 75-2-1402(2) defines it: "'Electronic presence' means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location." That is the statutory basis for witnessing an electronic will over a live connection.

Under 75-2-1405(2), the testator's intent that the record be the testator's electronic will "may be established by extrinsic evidence."

Self-proving an electronic will

An electronic will can be made self-proving when it is signed. Under 75-2-1408(1)-(2), the testator's acknowledgment and the witnesses' affidavits must be made before an officer authorized to administer oaths under the law of the state where execution occurs, "regardless of whether that officer is also a witness to the electronic will," and "evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will." The statutory wording is set out in 75-2-1408(3). Under 75-2-1408(5), where the section conflicts with Utah's Notaries Public Reform Act, "this section supersedes" it.

Utah notaries can also perform remote notarizations. Under 46-1-3.6(4), "a remote notarization lawfully performed under this chapter satisfies any provision of state law that requires an individual to personally appear before, or be in the presence of, a notary at the time the notary performs a notarial act." That subsection addresses the notary's presence; the witnesses' presence for an electronic will is governed by 75-2-1405.

The 2026 electronic estate planning documents chapter covers trusts, not wills

Utah added a separate electronic-signing chapter in 2026 (Title 75, Chapter 13, enacted by Chapter 302 of the 2026 General Session, effective May 6, 2026). It applies to a "non-testamentary estate planning document," which 75-13-101(5) defines as a record relating to estate planning that "is not a will or contained in a will," and which includes a record that creates, exercises, modifies, releases or revokes a trust instrument. Under 75-13-207, if other Utah law bases a document's validity on signing or witnessing in someone's presence, "the presence requirement is satisfied if the individuals are in each other's electronic presence." The chapter applies to such documents "created, signed, generated, sent, communicated, received, or stored before, on, or after May 6, 2026" (75-13-303). Wills stay under Part 14.

When a will was not signed correctly: harmless error

Utah has a dispensing-power rule. Under 75-2-503, a document or writing "not executed in compliance with Section 75-2-502" is treated as if it had been "if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will."

The rule covers electronic wills too: "Section 75-2-503 applies to a will executed electronically" (75-2-1406).

Changing or revoking a Utah will

Revocation by a later will or by a physical act

Under 75-2-507(1), a will or any part of it is revoked:

"(a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (b) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, 'revocatory act on the will' includes burning, tearing, canceling, obliterating, or destroying the will or any part of it." (Utah Code 75-2-507(1))

An electronic will has its own rule. Under 75-2-1407(2), it is revoked by a later will that revokes it expressly or by inconsistency, or by "a physical act if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence."

Reviving an earlier will

Revoking a later will that wholly replaced an earlier one does not automatically bring the earlier one back. Under 75-2-509(1), if a later will that wholly revoked an earlier will is itself revoked by a revocatory act, "the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed."

If the later will only partly revoked the earlier will and is then revoked by a physical act, the revoked part is revived unless the circumstances or the testator's declarations show the testator did not intend it to take effect (75-2-509(2)). If the later will is revoked by another will, the earlier will or its revoked part is revived only to the extent the terms of the newest will show that intent (75-2-509(3)).

Divorce: wills, trusts and beneficiary designations

Life changes revoke a Utah will only in the situations the code names. Under 75-2-508, "Except as provided in Sections 75-2-803, 75-2-804, and 75-2-807, a change of circumstances does not revoke a will or any part of it."

Divorce is handled by 75-2-804, which works through any "governing instrument," not just the will:

"(2) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage: (a) revokes any revocable: (i) disposition or appointment of property made by a divorced individual to the individual's former spouse in a governing instrument" (Utah Code 75-2-804(2))

The same subsection also revokes revocable gifts to the former spouse's relatives, powers of appointment conferred on the former spouse or those relatives, and nominations of them as personal representative, executor, trustee, conservator, agent or guardian, and it severs a joint tenancy with right of survivorship between the former spouses.

How far the rule reaches depends on the definitions:

• Which instruments. The code-wide definition in 75-1-201(22) lists "a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan," powers of appointment and powers of attorney, among others. So the rule reaches a will, a revocable trust and a beneficiary designation.
• Signed before the divorce. For section 804, "governing instrument" means one "executed by the divorced individual before the divorce or annulment of the individual's marriage to the individual's former spouse" (75-2-804(1)(d)). An instrument signed after the divorce is not affected.
• Revocable only. The rule reaches revocable dispositions, meaning ones the divorced individual alone could cancel at the time of the divorce (75-2-804(1)(f)).
• Separation is not divorce. "A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section" (75-2-804(1)(b)).
• Revival. "Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment" (75-2-804(5)).
• Payors. A payor or other third party that pays a designated beneficiary in good faith before receiving written notice of the divorce is not liable for that payment (75-2-804(7)(a)).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

Marriage and children after the will

• Spouse married after the will. Under 75-2-301, a surviving spouse who married the testator after the will was executed is entitled to at least the intestate share of the part of the estate not left to the testator's children born before that marriage who are not also the surviving spouse's children (or to their descendants), unless it appears the will was made in contemplation of the marriage, the will says it is effective notwithstanding a later marriage, or the testator provided for the spouse by a transfer outside the will intended to replace a testamentary gift.
• Child born or adopted after the will. Under 75-2-302, an after-born or after-adopted child the will fails to provide for receives a share calculated under that section. The share does not apply if "(a) it appears from the will that the omission was intentional; or (b) the testator provided for the omitted after-born or after-adopted child by transfer outside the will" and the intent that the transfer replace a testamentary provision is shown.

The intestate shares these sections refer to are explained on the Utah probate page.

The slayer rule (amended 2026)

Under 75-2-803 as amended by Chapter 291 of the 2026 General Session (version effective July 1, 2026), "An individual who commits a disqualifying homicide of the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance." The disqualifying homicide also "revokes any revocable: (i) disposition or appointment of property made by the decedent to the killer in a governing instrument."

Limits on what a Utah will can do

Spouse's elective share. Under 75-2-202(1), "The surviving spouse of a decedent who dies domiciled in Utah has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of 1/3 of the augmented estate." Under 75-2-202(2), if the amounts described in 75-2-209(1), plus the part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others, total less than $75,000, the spouse is entitled to a supplemental elective-share amount equal to $75,000 minus that sum.

Omitted spouse and children. Sections 75-2-301 and 75-2-302, described above, protect a spouse married after the will and a child born or adopted after it.

No-contest clauses. Under 75-2-515, "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings." Section 75-3-905 states the same rule. A trust has a parallel rule: under 75B-2-112, a provision in a trust instrument penalizing a beneficiary "for instituting a proceeding to challenge the acts of the trustee or other fiduciary of a trust, or for instituting other proceedings relating to the trust is unenforceable if probable cause exists for instituting the proceedings."

Delivering the will after death. Under 75-2-902, a person who has custody of a will must deliver it "with reasonable promptness" to a person able to secure its probate after the testator's death, on request of an interested person. A person who wilfully fails to deliver it is liable for damages, and a person who refuses after a court order "is subject to penalty for contempt of court."

Revocable living trusts in Utah

The trust code and its 2025 move to Title 75B

Utah's Uniform Trust Code is Title 75B, Chapter 2 of the Utah Code. It was renumbered from Title 75, Chapter 7 by Chapter 310 of the 2025 General Session, effective May 7, 2025, so trust sections now carry 75B-2 numbers. Under 75B-2-1103(1), "Except as otherwise provided, this chapter applies to: (a) all trusts created before, on, or after July 1, 2004; (b) all judicial proceedings concerning trusts commenced on or after July 1, 2004."

Creating a trust

Under 75B-2-402(1), "A trust is created only if: (a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will; (b) the settlor indicates an intention to create the trust or a statute, judgment, or decree authorizes the creation of a trust;" the trust has a definite beneficiary or fits a listed purpose, "(d) the trustee has duties to perform; and (e) the same person is not the sole trustee and sole beneficiary."

Utah's trust code does not apply the will formalities to a revocable trust. The creation sections (75B-2-401 through 75B-2-403 and 75B-2-407) set no witness or notary requirement for a trust instrument. Section 75B-2-407 goes further: "Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and the trust's terms may be established only by clear and convincing evidence."

Under Title 75, Chapter 13 (effective May 6, 2026, and applying to documents signed before, on or after that date under 75-13-303), a trust instrument may also be signed and witnessed electronically, as described in the electronic-wills section above.

Capacity

Under 75B-2-601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will." That ties trust capacity to the 2025 definition in 75-2-501.

Revocable by default, and how to revoke or amend

Section 75B-2-602(1) states: "(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. (b) This Subsection (1) does not apply to a trust created under an instrument executed before May 1, 2004." A trust under an older instrument is not made revocable by this default.

Under 75B-2-602(3), the settlor may revoke or amend a revocable trust by substantially complying with a method the trust provides. If the trust provides no method, or its method is not expressly made exclusive, the settlor may use a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed under it, or "any other method manifesting clear and convincing evidence of the settlor's intent."

Others can act for the settlor only within limits. An agent under a power of attorney may revoke, amend or direct distributions "only to the extent expressly authorized by the terms of the trust or the power" (75B-2-602(5)), and a conservator or guardian may do so "only with the approval of the court supervising the conservatorship or guardianship" (75B-2-602(6)). Powers of attorney themselves are covered on the Utah power of attorney laws page.

Creditors

Under 75B-2-505(1)(a), "During the lifetime of the settlor, the property of a revocable trust is subject to the claims of the settlor's creditors."

Certification of trust

A trustee does not have to hand the whole trust instrument to a bank or title company. Under 75B-2-1013(1), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust," listing items such as the trust's existence and execution date, the settlor, the acting trustee, the trustee's powers and whether the trust is revocable. "A certification of trust need not contain the dispositive terms of a trust" (75B-2-1013(4)). A person who relies on it "without knowledge that the representations contained in it are incorrect is not liable to any person for acting and may assume without inquiry the existence of the facts contained in the certification" (75B-2-1013(6)(a)).

After the settlor dies: notice and the contest deadline

Under 75B-2-811(2)(c), a trustee must, "within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise," notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the trust instrument and the right to a trustee's report.

The contest window is in 75B-2-604(1):

"(1) A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (a) three years after the settlor's death; or (b) 90 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (Utah Code 75B-2-604(1))

Under 75B-2-604(2), the trustee may distribute the trust property after the settlor's death and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant has notified the trustee of a possible contest and starts the proceeding within 60 days after sending that notice.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under 75-2-511(1), a will may validly devise property to the trustee of a trust established or to be established during the testator's lifetime, or at death, if the trust is identified in the will and its terms are set out in a written instrument other than a will "executed before, concurrently with, or after the execution of the testator's will." The section continues: "The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death."

There is one limit to watch: "(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

Utah wills and trusts at a glance

Recent changes

• Uniform Electronic Wills Act (2020). Enacted by Chapter 1 of the 2020 Sixth Special Session, effective August 31, 2020 (75-2-1401 to 1411).
• Testamentary capacity (2025). Chapter 338 of the 2025 General Session, effective May 7, 2025, added the four-part capacity definition and the rebuttable presumption to 75-2-501.
• Trust code renumbered (2025). Chapter 310 of the 2025 General Session moved the Uniform Trust Code from Title 75, Chapter 7 to Title 75B, Chapter 2, effective May 7, 2025.
• Electronic estate planning documents (2026). Chapter 302 of the 2026 General Session created Title 75, Chapter 13, effective May 6, 2026, for trusts and other non-testamentary documents; it does not cover wills.
• Slayer rule (2026). Chapter 291 of the 2026 General Session amended 75-2-803, in a version effective July 1, 2026.

Making a will in practice

The site's free Utah will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 75-2-502 (or, for an electronic will, 75-2-1405), and the self-proving procedure in 75-2-504 is a separate, optional step. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Utah. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Utah probate
• Utah small estate affidavit
• Utah power of attorney laws

This article provides general legal information about Utah law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Utah.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Utah?

An attested Utah will must be signed by at least two witnesses, each within a reasonable time after witnessing the testator's signing or acknowledgment (Utah Code 75-2-502(1)). A holographic will, with the signature and material portions in the testator's handwriting, is valid whether or not witnessed (75-2-502(2)).

Is a handwritten will valid in Utah?

Yes, if the signature and material portions of the document are in the testator's handwriting; it is then valid as a holographic will whether or not witnessed (75-2-502(2)). A typed will with only a handwritten signature is not a holographic will; it must meet the two-witness rule in 75-2-502(1), unless the harmless-error rule in 75-2-503 applies.

Does a will have to be notarized in Utah?

No. Section 75-2-502 does not require a notary. A notary or other officer authorized to administer oaths is used to make a will self-proved under 75-2-504, through the testator's acknowledgment and the witnesses' affidavits, at signing or later.

Can I make an electronic will in Utah?

Yes. Under Utah's Uniform Electronic Wills Act, effective August 31, 2020, an electronic will must be a record readable as text, signed by the testator, and signed by at least two witnesses in the testator's physical or electronic presence within a reasonable time after witnessing (75-2-1405). Part 14 applies to wills of decedents who die on or after that date.

Can a will be witnessed over video in Utah?

For an electronic will, yes: 75-2-1405 lets the witnesses sign in the testator's electronic presence, which 75-2-1402(2) defines as individuals in different locations communicating in real time as if physically present. The 2026 electronic-documents chapter (75-13) covers trusts and other non-testamentary documents, not wills.

Does divorce revoke a will in Utah?

Divorce or annulment revokes revocable gifts and nominations for the former spouse and the former spouse's relatives in a will signed before the divorce, unless the will, a court order or a property-division contract says otherwise; the rest of the will stands, and remarriage to the former spouse revives the revoked provisions (75-2-804). Separate conditions apply to trusts and beneficiary designations, and federal law limits the rule for ERISA employer plans; see the divorce section.

How do I revoke a will in Utah?

Under 75-2-507(1), by signing a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke. Another person may perform the act only in the testator's conscious presence and by the testator's direction. An electronic will has its own revocation rule in 75-2-1407; see the revocation section.

Is a living trust revocable in Utah?

Yes, unless its terms expressly make it irrevocable (Utah Code 75B-2-602(1)(a)). That default does not apply to a trust created under an instrument executed before May 1, 2004 (75B-2-602(1)(b)).

How long do you have to contest a revocable trust in Utah?

A contest of a trust that was revocable at the settlor's death must be brought within the earlier of three years after the death or 90 days after the trustee sent a copy of the trust instrument and the notice described in 75B-2-604(1).

Can a spouse be left out of a will in Utah?

A surviving spouse of a decedent who dies domiciled in Utah may elect an amount equal to one-third of the augmented estate, with a supplemental amount that brings certain counted amounts up to $75,000 (75-2-202). A spouse married after the will may also be entitled to a share under 75-2-301, subject to its exceptions.